Arunachal Pradesh Home Guards Act, 2006
No: 12 Dated: Dec, 06 2006
THE ARUNACHAL PRADESH HOME GUARDS ACT, 2006
(ACT NO. 12OF 2006)
An Act to provide for constitution of a volunteer organization for use in emergencies and forthe incidental purposes 'in the State of Arunachal Pradesh:
WHEREAS it was expedient to provide a volunteer organization for use in emergencies and forthe lncidental purposes in the state ;
AND WHEREAS, it was considered necessary to immediately make a law Ior the same ;
AND WHEREAS the Arunachal Pradesh Legislative Assembly was nol in session ;
AND WHEREAS the Governor ol Arunachal Pradesh was salisfied that circumstances existed which rendered it necessary for him to lake immediale action to make law for the purposes aforesaid and thererore, promulgated the Arunachal Pradesh Home Guards Ordinance, 2006 on 31st July, 2006 ;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature and it is hereby enacted in the Fitty-seventh Year of the Republic of lndia as follows :
1. Short title, extent and commencement:-(1) This Act may be called the Arunachal Pradesh Home GuardsAct, 2006.
(2) lt extends to the whole of the State of Arunachal Pradesh.
(3) lt shall be deemed to have come into lorce on 31st July, 2006.
2. Constitution ol Home Guards and appointment of Commandant General and Commandant:- (1) The Governor ol Arunachal Pradesh shall constitute forthe State olArunachal Pradesh a volunteer body called the Home Guards, the members oI which shall discharge such lunctions and duties in relation to the protection of persons, the security of property and the public safety as may be assigned to them in accordance with the provisions of thisActand the Bules made there under.
Provided that the Governor of Arunachal Pradesh may, by notificalion in the Official Gazette, divide the State of Arunachal Pradesh into two or more areas and constitute such a volunteer body for each such area.
(2) The Director General of Police shall be the ex officio Commandant General of the Home Guards in whom shall vest the qeneral supervision and control of the Home Guards throughout the State ol Aruhachal Pradesh. However, the Governor of Arunachal Pradesh may also appoint another otficer as the Commandant General of the Home Guards, il so required.
(3) The District Superintendent of Poljce shall be the ex-oflicio Commandant lor the Home Guards constituted under sub-section (1), in each district.
3. Appointment of members:- (1) Subject lo the approval of the Commandant General, the Commandant may appoint as members ol the Home Guards such number of persons, who are r lit and willing to serve, as may from time to time be determined by the Commandant General and may appoint any such member to any oflice of Commandant in Home Guards.
(2) Notwithstanding anything contained in subsection (1), the Commandant General, subject to the approval of the Commissioner/Secrbtary, Home, may appoinl any such member to any post under his immed'ate control.
4. Functions and duties of members:-(1) The Commandanl may at any time call out a memberol the Home Guards lortraining orto discharge any of lhe functions or duties assigned to the Home Guards in accordance with the provision ot this Act and the rules made thereunder.
(2) The Commandant General may in an emergency call out a member of the Home Guards lor training or to discharge any of the said functions or duties in any part ot the State ol Arunachal Pradesh.
5. Powers, protection and control:- (1) A member of the Home Guards when called out under section 4 shall have the same powers and protection as an officer o{ police appointed under any Act for the time being in force.
(2) No prosecution shall be instituted against a member of the Home Guards in respect of any thing done or purporting to be done by him in the discharge ot his functions or dutles as such member, except with the prior sanctlon of the District Magistrate.
6. Control by officers of police force:- The members oI the Home Guards when called out under section 4 in aid of lhe police rorce shall be under the control ol the officers of the police force in such a manner and to such extent as may be prescribed by rules made under section 10.
7. Certificate, arms, etc. to be delivered up by person ceasing to be member:- (1) Every person who for any reason ceases to be a member of the Home Guards shall forthwith deliver up to the Commandant or to such person and at such place as the Commandant may direct, his certificate of appointment or ol offace and the arms, accoutrements, clothing and other Home Guards properties, if any in his possessions which have been furnished to him as such member.
(2) Any Magiskate, and tor special reasons which shall be recorded in writing at the time, any police officer not below the rank of Assistant or Deputy Superintendent o, Police may issue a warrant lo search Ior and seize, wherever they may be found, any certificate, arms, accoutremenls, clothing or other properties not so delivered up. Every warranl so issued shall be executed in accordance with the provisions oI the Code ol Criminal Procedure, 1973 (2 of 1974),by a police officer or if the Magistrate or the police oflicer issuing the warrant so directs, by any other person.
(3) Nothing in this section shall be deemed to apply to any article which underthe orders of the Commandant Generalhas become the property ofthe persons to whom the same was furnished.