DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Home Guard Act, 1963
Act 3 of 1963
Keyword(s):
Member of the Home Guard, Voluntary Body, Security of the State, Public Emergency, Preservation of Public Order
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Home Guard =FAMIL NADU] ACT No. 3 OF 1963% PAMIL NADU] HOME GUARD ACT, l9e3.
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~ e d the msent of the President on the 9th March 1963, the Fort St. George Gazette Extra-
on the 9th March 1963 (Phalguna 18, 1884).] n Act to provide for the constitution of a Home Guard in the 8[State of' Tamil Nadu].
Legislature of the 8[Sta te of Tamil
rteenth Year of the Republic of India
y be called the '[Tamil Nadu] Home
the whole of the a[State of Tamil
(3) It shall come into force at once.
2 In this Act, unless the context otherwise requires,-
(u) " member of the 130111e Guard " means a person ho 1s appointed as suc:l~ undsr c~ction 4 ;
(6) " Government " means the State Government. substituted for the word " Madeas " by t l ~c
Nadu Adaptation of Order, 1969, as amerzdcci by the Nadu Adaptation of Laws (Second An~ei~dmevt) Order, 1969.
Statement of Objects and Reasons, see Fort St. George ted the 21 st February 1963, Pari IV-Section substituted for the expression " State il Nadu Adaptation of Laws Order, f 959, Nadu Adaptation of Laws (Second Amend*
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Shorr: title, extent and corn- mencement .
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38 Home Guard 11963 :T.N.Act 3 Constitution 3. (1) The Government may constitute a volunteer
and control of body called the Home Guard, every member of which
HomeGuard* shall exercise such powers, discharge such duties and perforin such functions, in relation to the maintenance of services essential to the life of the community, the protection of persons, the security of property and the preservation of public order, as may be assigned to him by the provisions of this Act and the rules made thereunder.
(2) Without prejudice to the generality of the provi- sions of sub-section (I), the Government may make rules requiring evwy member of the Home Guard to-
(a) serve in aid of the police force and generally to help in the maintenance of the security of the State;
(6) hzlp the public during any emergency including flood, fire or epidemic]
(c) render nursing and first-aid ; and
(d) facilitate the maintenance of transport services and the control of traftic and crowds.
(3) Subject to the overall control of the *Inspector- , General of Police , the Home Guard shall function under the control of the Commissioner of Police in the City of Madras and the Superintendent of Police in a district.
Appointment cf 4. (1) Subject to the provisions of this Act and the
members of rules made thereunder, any person willing to serve as a I Home Guard* member of the Home Gcard and possessing such qualifi- cations asmaybe prescribed may be appointed a member of the Home Guard in such manner and by such autho- rity as may bz prescribed.
(2) Every member of the Home Guard shall receive on his appointment a certificate in the prescribed under the seal of the Commissioner of Police in the of Madras and the Superintendent 3f Police in a dis by virtue of which the m#mber aforesaid shall be veste with the powers, functions and privileges of a member 0 tub Yome Guard.
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*Mow the Director43eaeral of Police.
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H ~ n l e Gamd
Every member of the Home Guard shall recclk ining during such hours and for such period as
prescribed including training in-
(a) police dutics like conwl of trafiic and crowds 8
(b) rescue operations, first-aid and fire fighting ;
(c) map reading, fieldcraft, wireless oprration and
Provided that it shall not be necessaly for sb,ch autho- to disclose the ground of discharge if such authority siders such disclosure to be against the public interest.
(2) The order of discharge under sub-section (1) shall
The Commissioizer of i'&b ;LA the City of Madras the Superintendent of Police in a distfict may by order
any time call out in the prescribed mannzr any member of Holne Guard for tr lining or for exercising the powers, arging the dutics and performing the functions assi- to the Home Guard by the provisions of this Act and
rules made thereunder.
I__-- Period of service and discharge. ClUillg out of Home Guard. Powers. privile. ges and protec tion ot h q n e Guard.
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Control by officers of police force. Reinstate- ment in civil employ of persons dled out under
section 6. Home Guard [I963 : T.N. Act 3
8. A member of the Home Guard, when called out by an order under section 6 in aid of the police force, shall be under the control of officers of the police force in such Panner and to such extent as may be prescribed.
9. (1) It shall be the duty of every employer by whom a person called out by an order under section 6 is employed to grant him snch leave as may be necessary and to reinstate him in his employment on the termination of the period during which he has been so called out in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he not been so called out :
Provided that if the employer refuses to reinstate such person cr denies his liability to reinstate such person or if for any reason the reinstatement of' such person is repre- sented by the employer to be impracticable, either party may refer the matter to the prescribed authority and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed, pass an order-
(a) exempting the employer from the provisions of this section, or
(b) requiring him to re-employ such person on such terms as that authority thinks suitable, or
(c) requiring him to pay to such person by way of compensation for failure or inability to re-ernplop, a sum ~ o t
exceeding an amount equal to six months' remuneration at the rate at which his. last remuneration was payable to him, by the employer.
(2) If any employer fails to obey the order of any such authority as is referred to in the proviso to sub-section (11, he shaU be p&Mle wit6 fine which nay extend to one
thousand rupees, and the court by which an employer is convicted under this section shall order him (if he has not already been so required by he said al-lthority) to pay to the 4 yswn w t ~ t he has failed s tcemplo y a sum equd to si?r
montl~s' rernunere~on at the m e 3t WZPich his I ~ S P renluneTa* tion was payable to him by the employer, and any amount so required to be paid either by the said authority or by the
court shall be recoverable as if it were a fine impoced by s ~ h court,
t
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f l o ~ e Gz(urd ceeding under this section it shall be a
r an employer to prove that the persor. formerly did not apply to the employer for reillstatement
wo u~onths from the tern~inatiou of t l~e he was callecYout by an order ullder posed by sub-section (1) upou au ycr to grant lcave to such person as is referred to in reinstate him in his employmerit shall
towan employer who, before such person is a:tualiy
out by an order under section 6, terninates his employ- tancc:~ as to indicate an inten,ioa to imposed by that sub-section, imd such inten- d until the contrary is proved if the
e issue of an order relating
When any person called out by an order under section any rights under any provident fund or superannua-
nd or other scheme fbr the benefit of employees main-
in connection with the employment he relinquishes,
be shall continue during the period for which he has been .sa d e d . out and if he is reinstated, until such reinstatement
ander the provisions of this Act, to have in respect of
~h fund or scheme such rights as may be prescribed. r of the Home Guard shall, during
ng or service in the Home Guard, vernment such allowances as may be
Where any such member was in any employment ately before he is called out for training or service by
6, the employer shall be liable to pay owances as if such member had not
r refuses or fails to pay any such llowances as provided in sub-section allowances may, on application by the s c ~ ibed a ~ ~ t h o r j ty, be recovereci from manner as may be prescribed.
12. (1) Every person who for any reason a:ises to be n
$ember of the Hon~e Guard shall within ten days of so
*sing deliver up his certificate of appointment, arms, utrements, clothing and other articles supplied to him -
Preservation of certab rights of persons called out under
section 6. Pay and allowances.
Surrender of
arms, ulliforms, ctc
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Home Guatd [iu63 i t ~ . Act 3
as a inember of the Home Guard to the Commissioner of Police in the City of Madras and the Superintendent of Police in a district or to such person and at such place as such Co.mmissioner or Superintendent may specify.
(2) The officer or person receiclng under sub-section (I) any certificate of appointment, arms, accoutrements, cloth- ing and other articles shall give a receipt for the same to the person delivering such certificate, arms, accoutrements, clothing and articles.
(3) Acy Magistrate and, for specidl reasons recorded in writing, any police oflice; not below the rank of a Deputy Commissioner of Police or Assistant or Deputy Su2erinten- dent of Police may ' issue a warrant to search for and seize wherever they may be found the certificate, arms, accoutre- ments, clothing or other articles not delivered up in accor- dance with the provisions of sub-section (1). Every warrant so issued shall be executed in accordance with the provisions of the *Code of Criminal Procedure, 1898 (Central Act V of
1898), by a police officer or if the Magistrate or the police officer issuing the warrant so directs, by any other 2erson.
(4) Nothing in "this section shall be deemed to apply to any article which'under the orders of the Commissioner of Police in the City of Madras or the Superintendent of Police in a district has become the property of the person to
wuuin it was supplied in accordance with the rules made, under this Act.
Suspension 13. (1) The Commissioner of Police in the City of Madras
or removal= and the Superinteadent of Police in a district may by order in writing suspend or remove from the Home Guard any member of the Hone Guard under his control,- $
(a) who on being called out by an order under se tion 6 without reasonable cause neglects or refuses--
(i) to obey such order, or
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(ii) to exercise the powers:, discharge the duties an perform the functions as a member of the Home GIX or
a
*NOW the Code of Criminal Procedure, 1973 (Central Act 2 Q$ U74h *&$
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$2 .
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ii) to obey any lawful order or direction ~ v e n to
owerb, discharge of ihc duties ions as a meml;cr of the
f, b
o order under sub-section (1) shall be passed member of the Home Guard affected by such en an opportunity to be hzard in his defence, member of the
member may be liable under any other
the time being in force. spector-General of I'olice in ent may make rules to carry out all of the purposes of this Act. required or allowed by this qualification, appointment, s, accoutrements and clothing, owers, duties and functions of
tituled for the expression " I'nsgector- paragraph 3 (1) of, and the Schedul4 of Laws Order, 1970.
tfie ~jrector-General of Po~~cc.
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MemM of the Home Gw?rd to bs public se-rvant*
(c) the exercise by m y police officer or any officer of the Home Guard of the powers conferred by section 6 on the Commissioner of Police in the City of Madras, or the Superintendent of Police concerned in a district; (9 the exercise of control by officers of the Police over the Home Guard when acting in aid of the police force;
(e) the exercise by a member of the Home Guard of any of the powers exercisable under sub-section (1) of section7;
(f) the constitution of the autl~ority for the purpose of section 9 and the manner in which such authority may conduct any inquiry under this Act.
(3) All rules made under this Act shall be published in
th:: *Fort St, George Gazette and,urile;ss they am expressed
to come into force on a particular day, shall come into force on the day on which they are so published.
. (4) Every nderr?+ i.+or thic Act shall, as soon as
possibir after it is made, be ph%d on the tabk of both HGUL"~~ oZtte Lerrislamm, and it; before the expiry of the session ir, 1,hich;t is so placed or the next session, both Houses agree in making any modification in any such
rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in slicb modified form or be of nc effc-cl, as the case may be, so however, that any snch modi fica i i on or annulment shall
be wirllout prejudice to the validi; y of ;:ny!hi ng previously
done undur that rule.
i' 16. A ntcmhcr of the Hol~le Guard :wing under rl~is Act shall be ciee~ned to be a public servant within the mes3-
ing of section 21 of the Indian Penal Code (Central Act
XLV of 1860).
-- *Now the Tamil Nudu Government Gazelte,
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Home Gunrd he Madras Home Guards Act, 1948 (Madras 1 1948) and the Madras Home Guard Ordinance, dras Ordinance 2 of 1963), are hereby repealed.
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ection 17 and the brackets and encement of sub-section (2) Removal
disqualifi
of
cation*
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