Jammu and Kashmir act 003 of 2006 : The JAMMU AND KASHMIR HOME GUARDS ACT, 2006 (1949 A.D.)

Section 1.Short title, extent and commencement.

(1) This Act may be called the Jammu and Kashmir Home Guards Act, 2006.

(2) It extends to the ¹[whole of the Union territory of Jammu and Kashmir].

(3) It shall be deemed to have come into force from the first day of Assuj, 2005.

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for whole of the State.

Section 2.Constitution of Home Guards.

¹[2. Constitution of Home Guards and appointment of Commandant General and Commandant. (1) The ²[Government of the Union territory of Jammu and Kashmir] shall, by notification in the ^*[Government Gazette], constitute for each District a volunteer body called the Home Guards the members of which shall discharge such function in relation to the protection of persons, the security of property the public order, the public safety and the maintenance of essential services as may be assigned to them in accordance with the provisions of this Act and rules made thereunder.

(2) The ²[Government of the Union territory of Jammu and Kashmir] shall appoint a Commandant for each of the Home Guards constituted under sub- section (1) and may also appoint Additional, Deputy or Assistant Commandants.

(3) The administration of Home Guards constituted under sub-section (1) for any District, shall, subject to the General superintendence, control and directions of the District Magistrate be vested in the Commandant appointed for each District.

(4) The ²[Government of the Union territory of Jammu and Kashmir] shall also appoint a Commandant General of the Home Guards in whom shall vest the general supervision and control of the Home Guards throughout the ^*[State].

(5) The ²[Government of the Union territory of Jammu and Kashmiri9563c may also appoint Additional Commandant General, Joint Commandant General, Divisional Commandant General or Assistant Commandant General.

Explanation.––For the purposes of sub-section (1) the words “essential services” means Motor Transport, Fire Brigade Nursing, First Aid, operation of water and power supply institutions and such other services as may be notified by the ²[Government of the Union territory of Jammu and Kashmir] as being essential to the life of the community].

1. Section 2 substituted by Act XXII of 1988, s. 2.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
* Now Official Gazette.
* Now Union territory of Jammu and Kashmir.

Section 3.Appointment of members.

¹[3. Appointment of members. ––(1) Subject to the approval of the Commandant General, the Commandant may appoint as member of the Home Guards such number of persons who are fit and willing to serve, as may from time to time be determined by the ²[Government of the Union territory of Jammu and Kashmir] and may appoint any such person to any office or command in the Home Guard.

(2) Notwithstanding anything contained in sub-section (1) the Commandant General may subject to the approval of the ²[Government of the Union territory of Jammu and Kashmir] appoint any such member to any post under his immediate control.

(3) Subject to any rule made in this behalf, a Home Guard shall be required to serve as such for a period of ³[six years] including the period spent in training which period may be extended by the ²[Government of the Union territory of Jammu and Kashmir] to such further period as it may consider necessary and a Home Guard shall thereafter serve in the Reserve Force of Home Guard constituted under section 3-A of the Act for a period of three years.

(4) Notwithstanding anything contained in sub-section (3) the Commandant General or Commandant shall have the authority to discharge any Home Guard at any time subject to such conditions as may be prescribed if in his opinion the services of such Home Guard are no longer required].

1. Section 3 substituted by Act XXII of 1988, s .3.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
3. Substituted for “three years” by Act XIII of 1999, s. 2.

Section 3-A.Constitution of Reserve Force of Home Guards.

¹[3-A. Constitution of Reserve Force of Home Guards. ––(1) The ²[Government of the Union territory of Jammu and Kashmir] may constitute a Reserve Force of Home Guards consisting of persons appointed to it by the ²[Government of the Union territory of Jammu and Kashmir] from among the Home Guards discharged from the service of the Home Guards under subsection (3) of section 3.

(2) A Home Guard shall while serving in the Reserve Force, be liable to be called out for duty at any time].

1. Section 3-A inserted by Act XXII of 1988, s. 4.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.

Section 4.Powers, protection and control.

(1) A member of the Home Guards shall, subject to any rules made by the ¹[Government of the Union territory of Jammu and Kashmir] under this Act, have the same powers, privileges and protection, be amenable to the same penalties and be liable to perform the same duties in connection with the protection of life and property, preservation of public peace and ensuring security and communal harmony in the district in which he is put on duty, as the regular officers of police.

(2) No prosecution shall be instituted against a member of the 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 ¹[Government of the Union territory of Jammu and Kashmir].

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.

Section 5. Delegation.

¹(5) Omitted.

1. Section 5 omitted by Act XXII of 1988, s. 5.

Section 6.Control by officers of Police Force.

The member of the Home Guards when employed 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 6-A.Calling out of Home Guards.

¹[6-A. Calling out of Home Guards. —(1) An officer of the Home Guards especially empowered by the ²[Government of the Union territory of Jammu and Kashmir] in this behalf may, at any time, call out the members of the Home Guards for training or to discharge within the ^*[State] any of the functions or duties as may be assigned to them in accordance with the provisions of this Act and the rules made thereunder.

(2) The District Magistrate may, in consultation with such officer of the Home Guards as is incharge of the Home Guards in his district, at any time, call out the members of the Home Guards to discharge any of the functions or duties within the district as may be assigned to them in accordance with the provisions of this Act and the rules made thereunder].

1. Section 6-A and 6-B inserted by Act XXIII of 1967.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”. * Now Union territory of Jammu and Kashmir.

Section 6-B. Home Guards to be public servants and not to be civil servants.

¹[6-B. Home Guards to be servants but not to be civil Servants.—(1) Any member of the Home Guards acting in the discharge of his functions in accordance with the provisions of this Act and the rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the ²[Indian Penal Code (45 of 1860)].

Explanation :— A member of the Home Guards shall not be deemed to be a holder of a civil post merely by reasons of his enrolment as such member.

³[(2) A member of the Home Guards shall not be disqualified for being chosen as and for being a member of the ^**[State Legislature] merely by reasons of the fact that he is a member of the Home Guards.

(3) Notwithstanding anything contained in any other law for the time being inforce, a member of the Home Guards shall not be disqualified for being chosen as and for being a member of any local authority merely by reason of the fact that he is a member of the Home Guards].

1. Section 6-B renumbered as sub-section (1) by Act XXII of 1988, s. 6.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Ranbir Penal Code, 1989”.
3. Sub-sections (2) and (3) inserted by Act XXII of 1988, s. 6.
** Now Legislative Assembly of the Union territory of Jammu and Kashmir.

Section 6-C. Certificate, arms etc., to be delivered by persons ceasing to be Home Guards

¹[6-C. Certificate, arms etc., to be delivered by persons ceasing to be Home Guards. (1) Every person, who for any reason ceases to be a Home Guard, shall forthwith deliver up to the Commandant or to such person and at such place as the Commandant may direct, his certificate of appointment or office and the arms, account rements, clothing and other necessaries which have been furnished to him as such Home Guard.

(2) Any Magistrate may issue a warrant to search for and seize, whenever they may be found, any certificate arms, accoutrements, clothing or other necessaries not so delivered up and every warrant so issued shall be executed in accordance with the provisions of the ²[Code of Criminal Procedure, 1973 (2 of 1974)], by a Police Officer if the Magistrate issuing the warrant so directs by any other person.

(3) Nothing in this sub-section shall be deemed to apply to any article which under the orders of the Commandant General has become the property of the persons to whom the same was furnished].

1. 6-C inserted ibid, s. 7.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Code of Criminal Procedure, Samvat 1989”.

Section 7.Penalty.

²[(1) If any member of the Home Guards shall, without lawful excuse, neglect or fail to obey such lawful order or direction as may be given to him for the performance of his duties, he shall be liable upon conviction before a ³[Judicial Magistrate] to imprisonment which may extend to seven years, or to a fine not exceeding one thousand rupees, or to both.

⁴[(2) No prosecution shall be instituted under sub-section (1) without previous sanction of such officer as may be prescribed in this behalf.]

2. Section 7 renumbered as sub-section (1) by Act XXIII of 1967.
3. Substituted by Act XL of 1966.
4. Sub-section (2) inserted by Act XXIII of 1967.

Section 7-A.Dealing of charges without formal trial.

¹[7-A. Dealing of charges without formal trial.— When a member of the Home Guards commits an offence punishable under section 7, an officer of the Home Guards, especially empowered by the ²[Government of the Union territory of Jammu and Kashmir] in this behalf, may direct that the charge shall be dealt with, without formal trial and thereupon the said officer may in the prescribed manner award to such member any one or more of the following punishments, namely:

(a) confinement in such place as may be considered suitable for a period not exceeding one week ;

(b) punishment drill or other duty not exceeding seven days in duration with or without confinement to quarters ; and

1. Section 7-A inserted by Act XXIII of 1967.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.

Section 8. Rules Making power.

The ¹[Government of the Union territory of Jammu and Kashmir] may make rules consistent with this Act—

²[(a) regulating the powers exercisable by the Commandant General, the District Magistrate and Commandant and providing for exercise by an officer of the Home Guards, of the said powers] ;

(b) providing for the exercise of control by officers of the police force over members of the Home Guards when acting directly in aid of the police force ;

(c) regulating the organisation, appointment, training, conditions of service, duties, discipline, arms, accoutrements and clothing of members of the Home Guards and the manner in which they may be called out for service ;

(d) conferring on members of the 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 ;

(e) prescribe the form of oath of allegiance to be administered to the members of the Home Guards ;

(f) generally for giving effect to the provisions of this Act.

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
2. Clause (a) of section (8) substituted by Act XXII of 1988, s. 8.