The Telangana Home Guards Act, 1948

THE TELANGNA HOME GUARDS ACT, 1948. (ACT NO. I OF 1948.) ARRANGEMENT OF SECTIONS Sections 1. Short title, extent and commencement. 2. Definitions. 3. Constitution of Home Guards and appointment of officers. 4. Appointment and removal of Home Guards. 5. Period of service and discharge. 6. Calling out of Home Guards. 7. Powers, privileges and protection of Home Guards. 8. Control by Officers of Police force. 9. Penalties. 10. Rules. 11. Home Guards to be public servants. 12. ... THE TELANGNA HOME GUARDS ACT, 1948.1 ACT No.I OF 1948. 1. (1) This Act may be called, 2[the Telangana Home Short title, extent Guards Act, 1948]. and commencement. (2) It extends to the whole of the 2[State of Telangana]. (3) (a) This section shall come into force at once in the whole of the State. (b) The rest of this Act shall come into force at once in the districts of East Godavari, West Godavari, Krishna, Guntur, Kurnool, Anantapur, Cuddapah and Nellore. (c) The State Government, may, by notification in the 2[Telangana Gazette,] extend the rest of this Act to any other area in the State with effect from such date as may be specified in the notification. 2. In this Act, unless there is anything repugnant in the Definitions. subject or context- (a) “Home Guard” means a person who is appointed as a Home Guard under this Act; (b) “prescribed” means prescribed by rules made under this Act. 1. The Andhra Pradesh Home Guards Act, 1948 in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2 [Act No.I of 1948] Constitution of 3. (1) The State Government may constitute for each of Home Guards and the areas specified in section 1 (3) (b), and for each of the appointment of other areas notified under section 1 (3) (c), a volunteer body officers. called the “Home Guards”, every member of which shall have such powers and discharge such duties in relation to the protection of persons, the security of property, and the preservation of public order or tranquility as may be assigned to him by or under this Act. (2) The State Government or any person empowered by them in this behalf may appoint as many officers as the State Government may consider necessary for the proper governance and conduct of the Home Guards; one of the officers so appointed may be Commandant for all the Home Guards of the State. Appointment and 4. (1) Subject to the provisions of this Act and the rules removal of Home made thereunder, any person possessing the prescribed Guards. qualifications and willing to serve may be appointed as a Home Guard by such authority and in such manner as may be prescribed. (2) Every Home Guard shall receive a certificate of appointment which shall be in such form and shall be issued by such authority as may be prescribed and thereupon he shall have the powers, privileges and protection conferred, and discharge the duties imposed, on a Home Guard by or under this Act. (3) The prescribed authority may, subject to such conditions as may be prescribed, suspend, dismiss or remove any Home Guard from his office; and thereupon the certificate received by him shall cease to have effect. Period of service 5. A Home Guard shall be bound to serve the State and discharge. Government for such period and in such areas as may be prescribed, but he may be discharged at any time by such [Act No.I of 1948] 3 authority and subject to such conditions as may be prescribed. 3[6. The Commissioner of Police in the Cities of Hyderabad Calling out of and Secunderabad, and the District Superintendent of Home Guards. Police in the district concerned may, at any time, call out in such manner and through such officer as may be prescribed, any Home Guard for the cities aforesaid or district as the case may be, for training or for discharging any duties assigned to him by or under this Act.] 7. (1) A Home Guard, when called out under section 6 Powers, privileges shall have the same powers, privileges and protection as an and protection of officer of the Police appointed under 4[the Hyderabad City Home Guards. Police Act (Act IX of 1348 F ) or the 5[Andhra Pradesh (Andhra Area) District Police Act, 1859,] as the case may be.] (2) No prosecution shall be instituted against a Home Guard in respect of any act done or purporting to be done in the exercise of his powers or the discharge of his duties as such, except with the previous sanction 6[of the Commissioner of Police in the Cities of Hyderabad and Secunderabad and of the District Superintendent of Police in the district concerned.] 3. Substituted for original section by section 3 of and the Schedule to the Andhra Pradesh Extension of Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958). 4. Substituted for the expression “the Madras District Police Act, 1859” by section 3 of and the schedule to the Andhra Pradesh Extension of Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958). 5. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961) and Andhra Area Act. 6. Substituted by section 3 of and the Schedule to the Andhra Pradesh Extension of Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958). 4 [Act No.I of 1948] Control by 8. A Home Guard, when called out under section 6 in aid Officers of Police of the police force, shall be under the control of the officers force. of the police force in such manner and to such extent as may be prescribed. 9. (1) If any Home Guard, without sufficient cause, Penalties. neglects or refuses to obey the orders of any superior authority or officer, or fails to discharge any other duty, or deserts his post, or is guilty of any wilful breach or neglect of any provision of this Act or any of rule or lawful order made or issued thereunder by a competent authority, he shall be punishable with simple imprisonment for a term which may extend to three months or with fine which way extend to two hundred and fifty rupees or with both. (2) No prosecution shall be instituted against any Home Guard for any offence punishable under sub-section (1), without the previous sanction of an officer empowered by the State Government in this behalf. (3) An offence punishable under sub-section (1) shall be cognizable. Rules. 10. (1) The State Government may, by notification in the 7[Telangana Gazette], make rules consistent with this Act for giving effect to the purposes thereof. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for or regulate the following matters, namely:- (a) all matters required or allowed by this Act to be prescribed; 7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. [Act No.I of 1948] 5 (b) the exercise by any police officer or any officer of the Home Guards of the powers conferred by section 6 on 8[the Commissioner of Police, or the District Superintendent of Police concerned, as the case may be;] (c) the exercise of control by officers of the police force over Home Guards when acting in aid of the police force; (d) the organization, appointment, discipline, training, arms, accoutrements and clothing, conditions of service, powers, and duties of Home Guards; (e) the exercise by Home Guards of any of the powers exercisable under section 7, sub-section (1). 11. Home Guards acting in the exercise of their powers or Home Guards to be public the discharge of their duties under this Act shall be deemed servants. to be public servants within the meaning of section 21 of the Indian Penal Code. Central Act 45 of 1860. 12. [Repealed by section 2 of, and the First Schedule to the Madras Act XI of 1952.] * * * 8. Substituted by section 3 of, and the Schedule to, the Andhra Pradesh Extension of Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958).