Home Guards Act, 1947
1 |
2 |
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4 |
Year |
No. |
Short title |
Whether repealed or otherwise affected by legislation |
1947 |
8 |
The Punjab Home Guards Act, 1947 |
Amended in part by East Punjab Act 31 of 19493 Amended in part the Adaptation of Laws Order, 1950 Extended to Pepsu Territory by Punjab Act 18 of 19584. Amended by Punjab Act 42 of 19605. |
It is hereby enacted as follows:
Section 1. Short title, extent and commencement
Section 2. Constitution of
2. Constitution of 11Punjab 12[Home Guards]. The 13[State] Government may for any area constitute a body to be called the 11[Punjab] 12[Home Guards] the members of which shall discharge such functions in relation to the protect ion of persons, the security of property or the public safety as may be assigned to them in accordance with the provisions of this Act and the rules made thereunder.
Section 3. Appointment of members
Section 4. Calling out of members
Section 5. Powers, protection and control
(1) A member of the 22[Punjab] 23[Home Guards] when called out under section 4 shall have the same powers, privileges and protection as an officer of police appointed under any law for the time being in force.
(2) No prosecution shall be instituted against a member of the 22[Punjab] 23[Home Guards] in respect of anything done or purporting to be done by him in the discharge of his functions as such member, except with the previous sanction of the 24[State] Government.
Section 6. Control by officers of police force
Section 7. Penalty
27[(1)] If any member of a 28[Punjab] 29[Home Guards] on being called out under section 4, without sufficient excuse neglects or refuses to obey such order, or to discharge his functions as a member of the 28[Punjab] 29[Home Guards], or to obey any lawful order or direction given to him for the performance of his duties, he shall, on conviction by a competent Court, be punishable with 30[simple imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or with both.
(2) An offence under this Act shall be cognizable].
Section 8. Delegation of Powers
The 31[State] Government may by notification and subject to any conditions which may be specified delegate its functions under sections 2, 3 or 4 to any person or body of persons.
Section 9. Rules
The 32[State] Government may make 33rules consistent with this Act
(a) providing for the exercise of control by officers of the police force over members of the 34[Punjab] 35[Home Guards] when acting directly in aid of the police force;
(b) regulating the organisation, appointment, conditions of service, duties, discipline, arms, accoutrements and slothing of members of the 36[Punjab] 37[Home Guards] and the manner in which they may be called out for service;
(c) conferring on members of the 36[Punjab] 37[Home Guards] according to their office any powers, other than magisterial or judicial powers, exercisable by any person under any law for the time being in force; and
(d) generally for giving effect to the provisions of this Act.
Section 10. Repeal of Ordinance No. 10 of 1947
The East Punjab National Volunteer Corps Ordinance, 1947, is hereby repealed.
1. For Statement of Objects and Reasons, see East Punjab Government Gazette (Extraordinary), 1947, page 50; for proceedings in the Assembly, see the East Punjab Legislative Assembly Debates, Volume I, 1947, pages 178-79 and 195-200.
2. The word National in the short title omitted by East Punjab Act, 31 of 1949, section 2.
3. For Statement of Objects and Reasons, see East Punjab Government Gazette (Extraordinary), 1949, page 1098; for proceedings in the Assembly, see East Punjab Legislative Assembly Debates, 1949, Volume IV, pages (6) 28-(6) 29.
4. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1958, page 546K.
5. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960, page 1958.
6. Substituted for the words East Punjab Volunteer Corps by Punjab Act 42 of 1960, section 2.
7. [Received the assent of his Excellency the Governor of East Punjab on the 4th December, 1947, and was first published in the East Punjab Government Gazette (Extraordinary) of the 8th December, 1947.]
8. Substituted for the words East Punjab Volunteer Corps by Punjab Act 42 of 1960, section 2.
9. Substituted for the words Province by the Adaptation of Laws Order, 1950.
10. Substituted for the woks East Punjab by the Adaptation of Laws Order 1950.
11. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950, the words East Punjab had been substituted for the word National by the East Punjab Act 31 of 1949, section 4.
12. Substituted for the words Volunteer Corps by Punjab Act 42 of 1960, section 2.
13. Substituted for the were Provincial by the Adaptation of Laws Order, 1950.
14. Substituted for the were Provincial by the Adaptation of Laws Order, 1950.
15. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950, the words East Punjab had been substituted for the word National by the East Punjab Act 31 of 1949, section 4.
16. Substituted for the words Volunteer Corps by Punjab Act 42 of 1960, section 2.
17. Substituted for the were Provincial by the Adaptation of Laws Order, 1950.
18. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950, the words East Punjab had been substituted for the word National by the East Punjab Act 31 of 1949, section 4.
19. Substituted for the words Volunteer Corps by Punjab Act 42 of 1960, section 2.
20. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950. The words East Punjab had been substituted for the word National by the East Punjab Act 31 of 1949, section 4.
21. Substituted for the words Volunteer Corps by Punjab Act 42 of 1960 section 2.
22. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950. The words East Punjab had been substituted for the word National by the East Punjab Act 31 of 1949, section 4.
23. Substituted for the words Volunteer Corps by Punjab Act 42 of 1960 section 2.
24. Substituted for the word Provincial by the Adaptation of Laws Order, 1950.
25. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950. The words East Punjab had been substituted for the word National by the East Punjab Act 31 of 1949, section 4.
26. Substituted for the words Volunteer Corps by Punjab Act 42 of 1960 section 2.
27. Section 7 renumbered as sub-section (1), by Punjab Act 42 of 1960, section 3.
28. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950. The words East Punjab had been substituted for the word National by the East Punjab Act 31 of 1949, section 4.
29. Substituted for the words Volunteer Corps by Punjab Act 42 of 1960 section 2.
30. Substituted for the words fine which may extend to fifty rupees and sub-section (2) added thereafter by ibid.
31. Substituted for the word Provincial by the Adaptation of Laws Order, 1950.
32. Substituted for the word Provincial by the Adaptation of Laws Order, 1950.
33. For Rules, see Punjab Government Gazette Extraordinary (Legislative Supplement dated the 4th September, 1963, page 753 (No. GSR. 206/PA8/47/S. 9/63, dated the 4th September, 1963).
34. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950. The words East Punjab had been substituted for the word National by the East Punjab Act 31 of 1949, section 4.
35. Substituted for the words Volunteer Corps by Punjab Act 42 of 1960 section 2.
36. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950. The words East Punjab has been substituted for the word National by the East Punjab Act 31 of 1949, section 4.
37. Substituted for the words Volunteer Corps by Punjab Act 42 of 1960, section 2.