Constitution of village defence parties.

1[IV. Village Defence Parties. 63B. Constitution of Village defence parties.- (1) For the protection of persons, the security of property and the public safety in villages, the 2[Superintendent] may constitute voluntary bodies, hereinafter in this section called Village defence parties, for any villages within his jurisdiction, as he deems fit.

1. (2) Subject to any general or special orders which the State Government may make in this behalf, every person between the ages of 20 and 50 and residing in a village and who in the opinion of the 3[Superintendent] is a fit and proper person having regard to the nature of duties and functions to be performed under the provisions of this section shall be eligible for appointment as a member of the village defence party constituted for this village.
2. (3) The 4[Superintendent] may by a written order signed by himself, and sealed with his own seal, appoint any person eligible under sub-section (2) to be a member of a village defence party.
3. (4) For each village party the 5[Superintendent] shall appoint a person eligible under sub-section (2) to be an honorary commandant called the Kotwal.
4. (5) For the direction and supervision of village defence parties in a taluka, the 6[Superintendent] may appoint a police officer, not below the rank of Head Constable, to be a Taluka Village Defence Officer, and any person who is willing to serve and in the opinion of the 7[Superintendent] is fit to be a Joint Taluka Defence Officer.
5. (6) For the direction and supervision of village defence parties in a district, the 8[Superintendent] may appoint a police officer, not below the rank of Sub-Inspector to be a district Village Defence Officer, and any person who is willing to serve and in the opinion of the 9[Superintendent] is fit, to be a Joint District Village Defence Officer.
6. (7) Members of village defence parties and officers, appointed under this section shall be under the direction and control of the 10[Superintendent] and shall receive such training, and discharge such duties, as may be determined by the 11[Superintendent].
7. (8) Members of village defence parties and officer (other than police officers) appointed under this section, shall be subject to such terms and conditions of service as may be determined with the previous approval of the State Government, by the 12[Superintendent].
8. (9) The 13[Superintendent] or any officers appointed under this section may at any time call out officers subordinate to them, or any members of a village defence party for training or to discharge the duties assigned to them.
9. (10) Every member of a village defence party and every officer appointed under this section shall,-
   • (a) on appointment receive a certificate in a form approved by the State Government in this behalf ;
   • (b) when called out for duty, have the same powers, privileges and protection as a police officer appointed under this Act.
10. (11) Notwithstanding anything contained in any law for the time being in force, a member of a village defence party or any officer (other than a police officer) appointed under this section, shall not be disqualified from being chosen as, or for being a member of-
    • (a) the 14[Maharashtra] Legislative Assembly or the 15[Maharashtra] Legislative Council, or
    • (b) any local authority, by a reason only of the fact that he is a member of a village defence party or such officer.] 16[(12) In such districts as the State Government may by notification in the Official Gazette specify, the powers, duties and functions of 17[Superintendent], District Village Defence Officer and Taluka Village Defence Officer under this section shall be exercised, performed and discharged by such officers of the Home Guards as the Commandant General appointed under the 18Bombay Home Guards Act, 1947 (Bom. III of 1947) may direct, and thereupon all the forgoing provisions of this section shall apply but, references therein to the 19[Superintendent], District Village Defence Officer and Taluka Village Defence Officer shall be deemed to be references to the relevant officers of the Home Guards.]