Bare Act
The East Punjab Home Guards Act, 1947
1. Short title, extent and commencement
(1) This Act may be called the Union territory of Chandigarh Home Guards Act, 1947. (2) It extends to the whole of the Union territory of Chandigarh. (3) It shall come into force at once.
2. Constitution of Home Guards
The Central Government may for any area of Chandigarh constitute a body to be called the Union territory of Chandigarh Home Guards the members of which may discharge such functions in relation to the protection of persons, the security of property or the public safety as may be assigned to them in accordance with the provisions of this Act and the rules made thereunder.
3. Appointment of members
The Central Government may appoint a member of the Union Territory of Chandigarh 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.
4. Calling out of members
The Central Government in any area may at any time call out a member of the Union territory of Chandigarh Home Guards for training or to discharge any of the functions assigned to the Union territory of Chandigarh Home Guards in accordance with the provisions of this Act and the rules made thereunder.
5. Powers, protection and control
(1) A member of the Union territory of Chandigarh Home Guards when called out under section 4 shall have the same powers, privileges and protection as an officer of police appointed under any law for the time being in force. (2) No prosecution shall be instituted against a member of the Union territory of Chandigarh Home Guards in respect of anything done or omitted to be done by him in the discharge of his functions as such member, except with the previous sanction of the Central Government.
6. Control by officers of police force
The members of the Union territory of Chandigarh Home Guards when called out under section 4 shall be under the control of the officers of such force, in such manner and to such extent as may be prescribed by rules made under section 9.
7. Penalty for neglect of duty, etc.
(1) If a member of the Union territory of Chandigarh Home Guards on being called out under section 4, without sufficient excuse neglects or refuses to obey any order or to discharge his functions as a member of the Union territory of Chandigarh Home Guards or to obey any lawful order 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 months or with fine which may extend to one hundred rupees or with both. (2) An offence under this Act shall be cognizable.
8. Delegation of powers
The Central Government may by notification and subject to any conditions which may be specified delegate its functions under sections 2, 3 or 4 to any person or body of persons.
9. Rules
The Central Government may make rules consistent with this Act— (a) providing for the exercise of control by officers of the police force over members of the Union territory of Chandigarh Home Guards when acting directly in aid of the police force; (b) regulating the organisation, appointment, conditions of service, duties, discipline, arms, accoutrements and clothing of members of the Union territory of Chandigarh Home Guards and the manner in which they may be called out for service; (c) conferring on members of the Union territory of Chandigarh Home Guards in relation to the discharge of their office any powers, other than magisterial or judicial powers, exercisable by any officer under any law for the time being in force; (d) generally for giving effect to the provisions of this Act.
10. Repeal of Ordinance No. 10 of 1947
The East Punjab National Volunteer Corps Ordinance, 1947, is hereby repealed.
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