The Jharkhand Home Guards Act, 2005

(1) This Act may be called the Jharkhand Home Guards Act, 2005. (2) It extends to the whole of the State of Jharkhand. (3) The State Government may, from time to time, by notification direct that any of the provisions of this Act shall come into force in any local area on such date as may be specified in the notification and may likewise cancel or modify such notification.

In this Act, unless there is anything repugnant in the subject or context,- (a) "Home Guard" means a person who is enrolled as such under this Act. (b) "prescribed" means prescribed by rules framed under this Act.

(1) The State Government shall constitute in such manner as may be prescribed for each of the areas specified in a notification under sub-section (3) of section 1, Home Guards who shall discharge such functions in relation to the protection of persons, security of property, of public safety in any area within the State of Jharkhand as may be assigned to them in accordance with the provisions of this Act and the rules made there under. (2) The Home Guards in the State of Jharkhand shall, for the purposes of this Act, be deemed to be a single force and the members thereof shall be formally enrolled and such force shall consist of such number of officers and men, and their qualifications and conditions of training and service shall be such as prescribed. (3) A Home Guard shall on enrolment, make a declaration in the form specified in the First Schedule and receive a certificate of enrolment in the form specified in the Second Schedule, under the seal and signature of Prescribed authority by virtue of which the person holding such certificate shall be vested with the powers and privileges of a Home Guard.

The Deputy Commissioner having jurisdiction over any area in which this Act is in force may, by an order made in such manner as may be prescribed, call out any Home Guard for the discharge of any duty assigned to the Home Guard in accordance with the provisions of this Act and the rules made thereunder.

A Home Guard when called out under section 4 in auxiliary to the police force, shall be under the control and superintendence of the officers of the police force in such manner and to such extent as may be prescribed.

(1) Subject to the provisions of this Act and the rules made there under, a Home Guard when called out under section 4 in auxiliary to the police force shall have the same powers, privileges and protection as an officer of police appointed under any enactment for the time being in force. (2) No prosecution shall be instituted against a Home Guard in respect of anything done or purporting to be done by him in the discharge of his duty as a Home Guard, except with the previous sanction of the Deputy Commissioner/District Magistrate having jurisdiction over the area in which the Home Guard has been raised.

The general superintendence, direction and control of the Home Guards constituted for any area, shall be exercised by the Deputy Commissioner/District Magistrate.

(1) Subject to any rules made in this behalf, a Home Guard shall be required to serve the state government for a period of four years (including the period spent in training) and shall be liable to be called out for duty at any time but not beyond the age of 54 (fifty four) year. (2) Every Home Guard shall be entitled to receive his discharge from the Home Guards on the expiration of the period specified in sub-section (1); but any such person may before he becomes so entitled be discharged by such authority and subject to such conditions as may be prescribed. (3) A Home Guard shall, within ten days of his discharge under sub-section(2), surrender the certificate of enrolment granted to him under sub-section (3) of section-3 to the office of the District Commandant of Home Guards.

(1) If a Home Guard— (a) fails to report himself when called out for duty under section-4, or (b) without sufficient excuse neglects or refuses to obey any lawful order or direction given to him for the performance of his duties or fails to discharge his functions as a member of the Home Guards while on duty, or (c) deserts his duty, or (d) is guilty of cowardice or offers any unwarrantable personal violence to any person in his custody. (e) fails within ten days to surrender his certificate of enrolment granted under sub-section(3) of section-3, he shall on conviction be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. (2) An offence punishable under sub-section(1) shall be cognizable.

A Home Guard shall wear such uniform as may be prescribed.

A Home Guard acting in the discharge of his functions under this Act, shall be deemed to be a public servant within the meaning of section-21 of the Indian Penal Code (XLV of 1860).

(1) The State Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for or regulate all or any of the following matters namely:— (a) all matters which are required by this Act to be prescribed, (b) the organization, appointment, qualifications, conditions of service, functions, discipline, arms, accoutrements, clothing and uniforms of the Home Guards and the manner in which they may be called out for service or required to undergo training, and (c) the exercise by a Home Guard of any of the powers exercisable under section-7.

The Commandant General of the Home Guards may, however, frame standing orders, on subjects not covering day to day administration of the Home Guards force.

Any action taken in exercise of the powers conferred by or under the "Bihar Home Guards Act, 1947" in the light of section 84 of the Bihar Reorganisation Act, 2000, shall be deemed to have been taken under this Act on the date on which such thing was done or action taken.