Home Guards Act, 1947
PUNJAB ACT 008 OF 1947
04 December, 1947
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| 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Whether repealed or otherwise affected by legislation |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. |
An Act to provide for the constitution of 6[Punjab Home Guards]
It is hereby enacted as follows:
Section 1. Short title, extent and commencement
(1) This Act may be called the 8[Punjab Home Guards] Act, 1947.
(2) It extents to the whole of the 9[State] of 10[Punjab].
(3) It shall come into force at once.
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
The 14[State] Government may appoint as members of the 15[Punjab] 16[Home Guards] so many persons who are fit and willing to serve as such, as the 15[State] Government may see fit to appoint and may appoint any such member to any office of command in the 15[Punjab] 16[Home Guards].
Section 4. Calling out of members
The 17[State] Government in any area may at any time call out a member of the 18[Punjab] 19[Home Guards] for training or to discharge any of the functions assigned to the 20[Punjab] 21[Home Guards] in accordance with the provisions of this Act and the rules made thereunder.
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
The members of the 25[Punjab] 26[Home Guards] when called out under section 4 directly in aid of the police force, shall be under the control of the officers of such force, in such manner and to such extent as may be prescribed by rules made under section 8.
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.