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.

1. (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].