East Punjab Home Guards Act, 1947

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in the East Punjab Government Gazette (Extraordinary) of the 8th December 1947.] 1 2 3 4 Year No. Short title Whether repealed or otherwise affected by legislation 1947 ..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 Punjab 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 Reasons, se¢ Punjab GO (Extraordinary), 1958, page S46K. : “For Statement of Objects and Reasons, Etrsordinaryy, ‘1960, pago To%6. vernment Gazette see Punjab Government Gazette, 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 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 the 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 person or body of persons. 9, "The 3[Central Government] may make ‘rules Rules. consistent with this Act— . (a) providing for the exercise of control by officers of the police force over members of the I[Union territory of Chandigarh] 2[Home Guards] when acting directly in aid of the police force ; (b) regulating_the organisation, appointment, con- ditions of service, duties, 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 on State and Concurrent S‘abjfg's%igyrdf—unpgs by Punh. Substituted for the words “fine 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 organisation 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 OVisiop, 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