Chandigarh act 008 of 1947 : The East Punjab Home Guards Act, 1947

Department
  • Police Department

1947 : East Pb. Act VIII] goume GUARDS 113 'THE EAST PUNJAB HOME GU

ACT, 1947. ARDS

EasT PUNJAB Acr No. VIII OF 1947, Received the assent of His Excellency the G [ East Punjab on the 4th Decem'ber,y194e7, azz':r:vna';r fir?vft published in the East Punjab Government Gazette (Extraordinary) of the 8th December 1947.]

1 2 3 4

Year No. Short title Whether repealed or otherwise affected by legislation

1947 .. | VII | The Punjab Home Amended in part by East Punjab Guards Act, 1947 Act XXXT of 1949

Amended in part by the Adaptation

of Laws Order, 1950

Extended to the territories which

immediately before the 1st Novem-

ber, 1956, were Comprised in the

State of Patiala and East Punjab

State Union, by Punjab Act No. 13

of 19583,

Amended by Punjab Act No. 42 of

1960+

Amended by the Punjab Re-organisa-

tion (Chandigarh) (Adaptation of

Laws on State and Concurrent

Subjects) Order, 1968

i

ment

For Statement of Objects and Reasons, see East P unjab Gm;ir: ent

Gazette rdinary) 50

; for proceedings in the Assembly,

b lz'o'lgflii'gmfegislafiv)e' T B Debates, Volume I 1947, pages 17819 and

. ernment *For Statement of Objects and Reasous, see East Fur s soamly, see Gazette, i 1098 ; for proceedings in

" Pinjab. Teguiat" Asotnbly Debates, 1943, Volume 1V, pages (G202 E *For statement of objects and Re

asons, se¢ Punjab GO

(Extraordinary), 1958, page S46K.

:

"For Statement of Objects and Reasons, Etrsordinaryy, '1960, pago To%6. vernment Gazette

see Punjab Governm

ent Gazette,

1

14 HoMe GUARDS 1947 - Enst Pb, 4o, vm] — Xnflt—t; E&Zfi; Emsntitution of —l[p\""la\bfi\ Guards. Omy

It is hereby enacted as

follows :—

itle, g lled 1 . St s vt (1) This Act may be called the '[Punjay py ment. Guards] Act, 1947.

(2) 1t extends to the whole of the 2[Union terl'itory Chandigarh.] .

of A3 Itgshall come into force at once. Cansttuton of 2. The 3[Central Government] may for any ar, of Cundigath . constitute a body to be called the '[Union territory o Home Guards. Chandigarh] 3[Home Guards] the members of which sy discharge such functionsin relation to the protectioy of

persons, the secutity of property or the public safety 5

may be assigned to them 1n accordance with the provisiopg

of this Act and the rules made thereunder.

Aempene™ of 3. The3Central Government] may appoint a

members of the *[union Territory of Ghandigarh] 3[Home

Guards] so many persons who are fit and willing to serve

as such, as the ¥[Central Government] may see fit to

appoint and may appoint any such member to any office

of command in the ¢[Union territory of Chandigarh

*[Home Guards)].

Gemgers™ ¢ 4. The ®[Central Government] in any area may at

any time call out a member of the 4[Union territory of

Chandigarh] S[Home Guards] for training or to discharge

any of the functions assigned to the [Union territoty of

Chandigarh] ?[Home Guards] in accordance with the

provisions of this Act and the rules made thereunder.

Powers, protection 5, (]) A member of the [ Unj i f Chandi- 4 : nion territory ol andcontol garh] S[Home Guards] when [called out und%r section 4 shall have the same powers, privileges and protection a5

an officer of police appoj he time being in forcg. ppointed under any law for t

1. Substi CBat P o amab At No s l;?sl!ltg%ed for the words "Bast Punjab Voluntoor Corps" by Punjab A¢

2. Substituted for the words "Sv r j j isation L2 ) tate of Punjab™ b Re-orgals (Chandigarh) (Adaptation of Laws on State ansn&!:xcu?!e;l:cssl%s) Order, 1968 3. Substituted for the words "State Government" by fbid.

"Punjab™ by ipid,

"Voluntear Corps" by Punjab Act No. 42 of

4. Substitated for the words 19 63.' Substituted for the words

2

HOME GUARDS 1947 : East Pb. Act 1X] 1 . 15

(2) No prosecution shall be jnsti . e i mem%ef oif the [Union territory of llggggfl?d s a Guzr nsg . n hl}:;ipect of anything done or E?rh] {iFlome be %er e?(ce T in the discharge of his fur}::fiportmg - member, pt with the previous sancti he S Ceh Govzrr'xrrfient]. on of t 3{Central

2[Hon.xe 5&?&2}' evl;,shgf the ![Union territory of Chandigarh] Control by

offce '[Home Gards] wh ?of?éle(sihgfit bunder section 4 dixgectlgl o Pl Tore. ™

the otfficers of such forqe,' in sucherr?:rslfér t;xgdcv:ntrol o

extent as may be prescribed by rules made underosegtl;gill

7. (DIf : . ] Home. Suaeds bing et out il stond without sufficient excuse neglects or re;'l et ; > use ?rdeg or to discharge his functions as a nsfitgfl;t;e;;)fm:gt@x [Union territory of Chandigarh] ?[Home Guards] or to obey any lawful or@er or direction given to him for the performance of his duties, he shall, on conviction by a competent Court, be punishable with *[simple imprisonment for a term which may extend to three montls or with fine which may extend to one hundred rupees or with both]. 5[(2) An offence under this Act shall be cognizable].

8. The 3[Central Government] may by notification Delegation of

and subject to any conditions which may be specified "™ delegate its fuctions under sections 2, 3 or 4 to any perso n

or body of persons.

9, "The 3[Central Government] may

make 'rules Rules.

consistent with this Act— .

(a) providing for the exercise of co ntrol by officers

of the police force over member s of the I[Union

territory of Chandigarh]

2[Home Guards]

when acting directly in aid of the police force ;

(b) regulating_the organisati on, appointment, con- ditions of service, dut ies, discipline, arms, ac-

and clothing of members of the

of Chandigarh] 2[

Home

anner in which they

may

T Substitated for the word ~Punjab"

b:

garh) (Adaptation of Laws on Sta logo2 Substituted for the words

3 Substit rds "State Government"'

5

(Chandigarh) l(xéea':){g:i:;}x:eo}viaws o n State and Concurrent S'abjfg's%igyrd f—unpgs by

Punh. Substituted for the words "fi ne which may b extendo

Unigh Adt No. 42 of 1960.

_—

6 For Ru'i'é "s,;? East Punjab Government Gazette (E'";Ia—fi;,lrggg;. ® dated December, 1947, ~pages 121—123 Notification ~No - 1013- AT105 e July,

3th Decomber," oS A Rtion. No

. 3884H-S0/1/2650 by the Punjab Re organisatio n

3

116 [1947 : East Pb. Act HOME GUARpg

conferring on members of the 1 Unio < of Chandigarh] {Home Guar o a c:

:loterrito

their office any powers, other than Pl v or judicial powers, exercisable by ap 8iste, under any law for the time being in ?'(1)115" Cé,?rsga.} .. S ang

(d) generally for giving cffect to the — this Act. p OVisi

op,

Repzal of Ordinan- 10. The East Punjab National Vo]unt ce No. 10 of 1947, Ordinance, 1947, is hereby repealed. eer Corgy ! Substituted for the word "Punjab" by the Pu jab isati garh) (Adaptation of Laws on State and Concurrent ngbjec]}s% gl;gdaer;u?ggg (Chang;, * Substituted for the words . "Volunteer Corps"

1260 by Punjab Act No. 44

4

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