Short title, extent and commence- ment.
184
THE ARUNACHAL PRADESH HOME GUARDS
ACT, 2006
(ACT NO. 12OF 2006)
(Received the assent ol the Governor on 6th December, 2OOO)
AN
ACT
to provide for constitution of a volunteer organization for use in emergencies and forthe incidental purposes 'in the State of Arunachal Pradesh:
WHEREAS itwas expedientto provide a volunteer organization for use in emergencies and forthe lncidental purposes in the state ;
AND WHEREAS, il was considered necessary to immediately make a law Ior the same ;
AND WHEREAS the Arunachal Pradesh Legislative Assembly was nol in session ;
AND WHEREAS the Governor ol Arunachal
Pradesh was salisfied that circumstances existed which rendered it necessary for him to lake immediale action to make law for the purposes aforesaid and thererore, promulgated the Arunachal Pradesh Home Guards Ordinance, 2006 on 31st July, 2006 ;
(3) lt shall be deemed to have come into lorce on 31st July, 2006.
AND WHEREAS it is expedient to replacethe said Ordinance by an Act of the State Legislature and it is hereby enacted in the Fitty-seventh Year of the Republic of lndia as follows:-
1. (1) This Actmay be called the Arunachal Pradesh Home GuardsAct, 2006.
(2) lt extends to the whole of the State of Arunachal Pradesh.
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2. (1) The Governor ol Arunachal Pradesh shall constitute forthe State olArunachal Pradesh a volunteer body called the Home Guards, the members oI which shall discharge such lunctions and duties in relation to the protection o,f persons, the security of property and the public safety as may be assigned to them in accordance with the provisions of thisActand the Bules made there under.
Provided that the Governor of Arunachal Pradesh may, by notificalion in the Official Gazette, divide the State of Arunachal Pradesh into two or more areas and constitute such a volunteer body for each such area.
(2) The Director General of Police shall be the ex- off icio Commandant General of the Home Guards in whom shall vest the qeneral supervision and control ol lhe Home Guards throughout the State ol Aruhachal Pradesh. However, the Governor of Arunachal Pradesh may also appoint another otficer as the Commandant General oI the Home Guards, il so required.
(3) The District Superintendent of Poljce shall be the ex-oflicio Commandant lor the Home Guards constituted under sub-section (1), in each district.
3. (1) Subject lo the approval of the Commandant General, the Commandant may appoint as members ol the Home Guards such number of persons, who are r lit and willing to serve, as may from time to time be determined by the Commandant General andmay appoint any such member to any oflice of Commandant in Home Guards.
(2) Notwithstanding anything contained in sub- section (1), the Commandant General, subject to the approval of the Commissioner/Secrbtary, Home, may appoinl any such member to any post under his immed'ate control.
4. (1) The Commandanl may at any time call out a memberol the Home Guards lortraining orto discharge any of lhe functions or duties assigned to the Home Guards in accordance with the provision ot this Act and the rules made thereunder.
Constitution
ol Home
Guardsand
appointment
of Comman-
dant General
and Comman-
dant.
Appointment
of members.
Functions and
duties of
members.
Powers, protection and control.
Control by officers of police lorce Certificate, arms, etc. to be delivered up by person ceasing to be member.
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(2) The Commandant General may in an emergency call out a member of the Home Guards lor training or to discharge any of the said functions or dutiesin any part ot the State ol Arunachal Pradesh.
5. (1) A member of the Home Guards when called out under section 4 shall have the same powers and protection as an officer o{ 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 any thing done or purporting to be done by him in the discharge ot his functions or dutles as such member, except with the prior sanctlon of the District Magistrate.
6. The members oI the Home Guards when called out under section 4in aid of lhe police rorce shall be under the control ol the officers of the police force in such a manner and to such extent as may be prescribed by rules made under section10.
7. (1) Every person who for any reason ceases to be a member of the Home Guards shall forthwith deliver up to the Commandant or to such person and at such p'ace as the Commandant may direct, his certificate of appointment or ol offace and the arms, accoutrements, clothing and other Home Guards properties, if any in his possessions which have been furnished to him as such member.
(2) Any Magiskate, and tor special reasons which shall be recorded in writing at the time, any police officer not below the rank of Assistant or Deputy
Superintendent o, Police may issue a warrant lo search Ior and seize, wherever they may be found, any certificate, arms, accoutremenls, clothing or other properties not so delivered up. Every warranl so issued shall be executed in accordance with the provisions oI the Code ol Criminal Procedure, 1973 (2 of 1974),by a police officer or if the Magistrate or the police oflicer issuing the warrant so directs, by any other person.
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(3) Nothing in this section shall be deemed to apply to any article which underthe orders of the Commandant Generalhas become the property ofthe persons to whom the same was furnished.
8.(1 ) The Commandant shall have the authority to suspend, reduce, dismiss or fine an amount not exceeding rupees two hundred and filty, any member ol 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 such lawful order or direction given to him for the perFormance of his lunctions and duties or is guilty of any breach of discipline or misconduct, the Commandant shall also have the authority to dismiss any member of the Home Guards on the ground ol conduct which has led to his conviction on a criminal charge. The Commandant General shall have the like authority in respect of any member ol the Home Guards appointed to a post under his immediate control.
(2) Notwithstanding anything contained in this Act, the Commandant shall have the authority to discharge any member of the Home Guards at any time subject to such conditions as may be prescribed, if , in the opinion of the Commandant, the services of such member are no longer required. The C,ommandant Generalshall have the like authority in respect of any member of the Home Guards appointed to a post under his immediate control.
(3) When the Commandant General or the Commandant passes an order suspending, reducing, dismissing or fining any membef ol the Home Guards under sub-section (1), he shall record such order or cause the same to be recorded, together with the reasons thereol and a note ol the inquiry made in writing and no such order shall be passed by the Commandant General or the Commandant unless the person concerned is given an opportunity to be heard in his detence.
Punishment of
members tor
negligence oI
duty, etc.
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(4) Any member of the Home Guards aggrieved by an order of the Commandant may appeal against such order to the Commandant General and any such member aggrieved by an order of the Commandant General may appeal against such order to lhe Secretary/ Commissioner ol Home, Government of Arunachal Pradesh within thirty days ol the dale on which he was served with notice of such order. The Commandant General or the Secretary/Commissioner of Home as the case may be, may pass such order as he thinks fit.
(5) The Commandant General or Secretary/ Commissioner of Home may, at any time, call for and examine the record ol any order passed by the CommandanvCommandant General as the case may be under sub-seclion (1) or(2) lor the purpose of satisfying himself as to the legality or propriety ol such order passed by the Commandant or Commandant General as the case may be and may pass such order with reference thereto as he thinks fit.
(6) Every order if no appeal is made theref rom as hereinbefore provided and every order passed in appeal or revasion under this section shall be Iinal.
(7) Any f ine imposed under this section may be recovered in the mannerprovided bythe Code of Criminal Procedure, 1973 (2 ot 1974]. lot the recovery of llnes imposed by a Court as il such lines were imposed by a Court.
(8) Any punishment inflicted on a member of the Home Guards under this section shall be in addition to the penalty to which such member is liable under section 7 or any other law lor the time being in force. Penglty.(1) lf any member of the Home Guards, on being called out under section 4, without reasonable excuse, neglects or refuses to obey such order, or to discharge his functions as a member o{ lhe Home Guards, or to obey any laMul order or direction given to him for the perFormance ot his duties, he shall, on conviction, be punishable with simple imprisonmentlor a term which may extend to three months or with fine which may extend to two hundred and fifty rupees or with both.
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(2) ll any member of the Home Guards willfully neglects or retuses 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 7, he shall, on conviction, be punished with imprisonment Ior a term which may extend to one month or with Iine which may extend to one hundred rupees or with both.
(3) No proceeding shall be instituted under sub- section (1) or (2) without the prior sanction of the Commandant.
(4) A pohce otlrcer may arrest without warrant any person who commits an otfence punishable under sub-sectidn(1) or(2).
10. The State Government may, by notilication, make rules on lhe following matters for carrying out the provisions of theAct.
(a) providing Ior the exercise by any otficer ol the Home G uards of the powers conferred by section 4 of the Commandant and the Commandant General;
(b) providing lor 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) regarding the organization, appointment, conditions of service, lunctions, discipline, arms, accoutrements and clothing of members ol the Home Guards and the manner in which they may be called out for service;
(d) regulating the exercise by members of the Home Guards of any of the powers exercisable under section 5 of this Act;
(e) generally for giving etfect to the provisions ol this Act.
1.1 . Members of the Home Guards acting under this Act shall be deemed to be public servants within the meaning ol section 21 of the lndian Penal Code (XLV ol 1860).
Powers lo
make rules
Members ol
Home Guards
to be public
servant.
Repeal and savings.
190
12. (1) The Arunachal Pradesh Home GJards Ordinance, 2006 (No. 2 o12006) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shallbe deemed to have been done or taken, as the case nEy be, under lhe corresponding provisions of lhis Act. Note : Published in the Arunachal Pradesh Gazette, Extraordinary No. '109 Vol. XIV dated 1 5th December, 2006.
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