The PUDUCHERRY HOME GUARDS ACT, 1965

449 THE PUDUCHERRY HOME GUARDS ACT, 1965. (No. 14 of 1965) ARRANGEMENT OF SECTIONS SECTION 1. Short title, extent and commencement. 2. Definitions. 3. Constitution of Home Guards and appointment of Commandant General and Commandant. 4. Appointment of Home Guards and forms of declaration and certificate of appointment as such. 5. Reserve force of Home Guards. 6. Training, functions and duties. 7. Powers, protection and control. 8. Control by officers of police force. 9. Certificate, arms, etc., to be delivered up by persons ceasing to be Home Guards. 10. Punishment for neglect of duty, etc. 11. Penalties for breach of duties, etc. 12. Power to make rules. 13. Home Guards to be public servants. 14. Home Guards not disqualified from election to State Legislature or local bodies. 15. The First Schedule. 16. The Second Schedule. 450 THE PUDUCHERRY HOME GUARDS ACT, 1965. (Act No. 14 of 1965) 26th October, 1965. AN ACT to provide for the Constitution of a volunteer organisation known as the 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. BE it enacted by the Legislative Assembly in the Sixteenth Year of the Republic of India as follows: - 1. Short title, extent and commencement. – (1) This Act may be called the Puducherry Home Guards Act, 1965. (2) It extends to the whole of the Union territory of Puducherry. + (3) It shall come into force at once. 2. Definitions. – In this Act, unless the context otherwise requires – (a) “District Magistrate” means District Magistrate for the Union territory and includes Sub-Divisional Magistrates of Karaikal, Mahe and Yanam in their respective regions; (b) “Government” means the Administrator appointed under Article 239 of the Constitution; (c) “Home Guard” means a person who is appointed as such under this Act; (d) “prescribed” means prescribed by rules made under this Act; (e) “region” means the four regions, Puducherry, Karaikal, Mahe and Yanam constituting the Union territory; (f) “Union territory” means Union territory of Puducherry. + This Act came into force w.e.f 03.11.1965 451 3. Constitution of Home Guards and appointment of Commandant General and Commandant. – (1) The Government shall, by notification in the Official Gazette, constitute for each region in which this Act has been brought into force, 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 maintenance of essential services as may be assigned to them in accordance with the provisions of this Act and the rules made thereunder. (2) The administration of Home Guards constituted under sub-section (1) for any region shall, under the general superintendence, control and direction of the District Magistrate, be vested in the Commandant, who shall be appointed by the Government and in any such additional, Deputy or Assistant Commandants as the Government may deem fit to appoint. (3) The general supervision and control of Home Guards throughout the Union territory shall, under the general superintendence, control and direction of the District Magistrate, be vested in the Commandant General who shall be appointed by the Government and in any such additional Commandants General, Divisional Commandants General or Assistant Commandants General as the Government may deem fit to appoint. (4) The Home Guards constituted for different regions in the Union territory, shall, for the purpose of this Act, be a single force and the members thereof shall be formally enrolled, and such force shall consist of such number of officers and men, and their qualifications and conditions of training and service shall be such as may be prescribed. 4. Appointment of Home Guards and forms of declaration and certificate of appointment as such. – (1) Subject to the approval of the Commandant General, the Commandant may appoint as Home Guards such number of persons who are fit and willing to serve as may, from time to time, be determined by the Government and may appoint any such person to any office of command in the Home Guards. (2) Notwithstanding anything contained in sub-section (1) the Commandant General may appoint any such person to any post under his immediate control. (3) A Home Guard shall, on appointment, make a declaration in the form specified in the First Schedule and receive a certificate of appointment in the form specified in the Second Schedule, under the seal and a signature of such officer as may be prescribed. 452 (4) Subject to any rules made in this behalf, a Home Guard shall be required to serve the Home Guards Organisation for a period of three years (including the period spent in training) which period may be extended by the Government to such further period as it may consider necessary, and a Home Guard shall thereafter serve in the reserve force of Home Guards constituted as hereinafter 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. (5) Notwithstanding anything contained in sub-section (4) the Commandant General or the Commandant shall have authority to discharge any Home 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. 5. Reserve force of Home Guards. – The Government may constitute a reserve force of Home Guards consisting of persons appointed to it by the Government from among the Home Guards discharged from the regular service of Home Guards under sub-section (4) of section 4. 6. Training, functions and duties. – (1) The Commandant General may, at any time, call out a Home Guard for training or to discharge within the Union territory any of the functions or duties as may be assigned in accordance with the provisions of this Act and the rules made thereunder. (2) The District Magistrate or the Commandant, may, at any time, call out a Home Guard for training or to discharge any such functions or duties within the region for which the Home Guards have been set up. 7. Powers, protection and control. – (1) 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. (2) No prosecution shall be instituted against a Home Guard in respect of anything done or purporting to be done by him in the discharge of his functions or duties as such Home Guard, except with the previous sanction of the Commandant General. 8. Control of officers of police force. -- The Home Guards may be called out in aid of the Police Force and when they are so called out, they shall be under the control of the officers of the police force in such manner and to such extent as may be prescribed. 453 9. Certificate, arms, etc., to be delivered up by persons ceasing to be Home Guards. – (1) Every person who for any reason ceases to be a Home Guard shall forthwith deliver up to 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 Home Guard. (2) Any Magistrate or, for special reasons which shall be recorded in writing at the time, any police officer not below the rank of an Assistant or Deputy Superintendent of Police may issue a warrant to search for and seize, wherever they may be found, any certificate, arms, accoutrements, clothing or other necessaries not so delivered up; and every warrant so issued shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), by a police officer or if the Magistrate or the police officer issuing the warrant so directs, by an other person. (3) Nothing in this section shall be deemed to apply to any article which under the orders of the Commandant General has become the property of the person to whom the same was furnished. 10. Punishment for neglect of duty, etc. --- (1) The Commandant or the Commandant General shall have authority to suspend, to reduce or to dismiss or to fine not exceeding fifty rupees, any Home Guard under his control, if such Home Guard on being called out under section 6, without reasonable cause neglects or refuses to obey such order or refuses to discharge his functions and duties as a Home Guard or refuses to obey any other lawful order or direction given to him for the performance of his functions and duties or is found guilty of any misconduct or breach of discipline. (2) The Commandant General shall also have authority to dismiss any Home Guard on the ground of conduct which has led to his conviction on a criminal charge. (3) When the Commandant or the Commandant General passes after inquiry an order suspending, reducing, dismissing or fining any Home Guard under sub-section (1), he shall record such order or cause the same to be recorded together with the reasons therefor and a note of the inquiry made, in writing, and no such order shall be passed unless the person concerned has been given an opportunity to be heard in his defence. 454 (4) Any Home Guard aggrieved by such order of the Commandant may appeal against that order to the Commandant General and any Home Guard aggrieved by such order of the Commandant General may appeal against that order to the Government, within thirty days of the date on which he was served with notice of the concerned order; and thereupon the Commandant General or the Government, as the case may be, may pass such orders as he or it thinks fit. (5) The Commandant General or the Government may, at any time, call for and examine the record of any order passed by the Commandant or Commandant General, as the case may be, under sub-section (1) for the purpose of satisfying himself or itself as to the legality or propriety of such order and may pass such order in revision with reference thereto as he or it thinks fit. (6) Notwithstanding anything contained in any other law --- (a) any order passed in revision under sub-section (5), (b) subject to such order in revision, any order passed in appeal under sub-section (4), and (c) subject to the orders in revision and appeal aforesaid, any order passed by the Commandant or Commandant General under, sub-section (3), shall be final. (7) Any fine imposed under this section may be recovered in the manner provided by the Code of Criminal Procedure, 1898 (5 of 1898), for the recovery of fines imposed by a Court as if such fine were imposed by a Court. (8) Any punishment inflicted on a Home Guard under this section shall be in addition to the penalty to which he is liable under section 11 or any other law for the time being in force. 11. Penalties for breach of duties, etc. – (1) If any Home Guard on being called out under section 6, without reasonable excuse neglects or refuses to turn up for training, or refuses to discharge his functions and duties as a Home Guard or refuses to obey any other lawful order or direction given to him for the performance of his duties and functions, 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) If any Home Guard wilfully neglects or refuses 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 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. 455 (3) No proceedings shall be instituted in any court under sub-section (1) or sub-section (2) without the previous sanction of the Commandant General concerned. (4) A police officer may arrest without warrant any person who commits an offence punishable under sub-section (1) or sub-section (2). *[11 A. Obligation of an employer to permit Home Guards to join duty. (1) Except as may be prescribed, every employer shall permit a Home Guard who is for the time being employed by or under him to join duty as such Home Guard, and, notwithstanding anything in any law or agreement between him and such Home Guard for the time being in force, the period of his duty as Home Guard shall, subject to such conditions and restrictions as may be prescribed, be deemed to be the period spent in such employment. (2) No employer shall dismiss, remove or suspend any employee, or take any other action which may prejudice such employee, by reason of his being a member of the Home Guard. (3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punished with fine which may extend to two hundred and fifty rupees and the court by which an employer is convicted shall further order him to reinstate the employee, if he has dismissed, removed or suspended the employee in contravention of sub-section (2). (4) Nothing in this section shall apply to an employer unless he had forwarded the application of the employee concerned for enrolment as Home Guard or been informed by the employee of his being a Home Guard at the time of applying for employment. 11 B. Pay and allowances. (1) Every member of the Home Guard shall, during the period of training or service in the Home Guard, receive from the Government such allowances as may be prescribed. (2) Where any such member was in any employment immediately before he is called out for training or service by an order under section 6, the employer shall be liable to pay to him for the period of training or service, the pay and allowances as if such member had not been so called out. (3) If an employer refuses or fails to pay any such member the pay and allowances as provided in sub-section (2), such pay and allowances may, on application by the member to the authority specified in this behalf, be recovered from the employer in such manner as may be prescribed.] 12. Power to make rules.- (1) The Government may make rules consistent with this Act- (a) regulating the powers exercisable by the District Magistrate, the commandant General and the Commandant under section 6 and providing for the exercise, by any officer of the Home Guards, of the said powers; (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; * Amended vide Act No. 8 of 1981 w.e.f 07.07.1981. 456 (c) regulating the organisation, appointment, conditions of service, qualifications, functions, duties, discipline, arms, accoutrements and clothing and uniform of the Home Guards and the manner in which they may be called out for service or be required to undergo any training; (d) regulating the exercise by members of the Home Guards of any of the powers exercisable under section 7; (e) generally for giving effect to the provisions of this Act. (2) All rules made under this Act shall, as soon as may be after they are made, be laid before the Legislative Assembly of Puducherry while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and, if before the expiry of the session in which it is so laid or the session immediately following, the Ligislative Assembly makes any modification in the rule or decides that any such rule should not be made, that rule shall thereafter have effect, only in such modified form or be of no effect as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 13. Home Guards to be public servants.- Home Guards acting under this act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860). 14. Home Guards not disqualified from election to State Legislature or local bodies.- (1) A Home Guard shall not be disqualified for being chosen as, and for being, a member of the State Legislature merely by reason of the fact that he is a Home Guard. (2) Notwithstanding anything to the contrary contained in any other law for the time being in force, a Home Guard shall not be disqualified for being chosen as, and for being, a member of any local authority merely by reason of the fact that he is a Home Guard. THE FIRST SCHEDULE [See section 4 (3)] Declaration Form I, ……………………………….. Son of ………………………………………… resident of ………………………………………………… do hereby solemnly declare and affirm that I will truly serve as a Home Guard without favour of affection, malice or ill-will, communal or political bias, for a period of three years from the date of appointment including the period spent over training and that I further undertake to serve as a Home Guard at any time or any place in India during a further period of three years if I am called out for training or duty during such period. I will to the best of my skill and Knowledge discharge the duties of a Home Guard. Place : Date : Signature 457 THE SECOND SCHEDULE [See section 4 (3)] Form of certificate of appointment Shri,…………………………………Son of shri………………………….resident of ……………………………………………………………………..has been appointed a Home Guard under section 4 (3) of the Puducherry Home Guards Act, 1965. When lawfully on duty, he shall have the same powers, privileges and protection as an officer of police appointed under any enactment for the time being in force. Date of appointment …………………… Place : Dated : Signature and Seal of the prescribed authority. ---------------------