Jammu and Kashmir Home Guards Act, 2006 (1949 A.D.)
No: 3 Dated: Mar, 10 2006
THE JAMMU AND KASHMIR HOME GUARDS ACT, 2006 (1949 A.D.)
(Act No. III of Samvat 2006)
An Act to provide for the constitution of Home Guards
Whereas an emergency has arisen which makes it necessary to provide for the constitution of Home Guards ;
Now, therefore, in exercise of the powers reserved under section 5 of the Jammu and Kashmir Constitution Act, 1996, His Highness is pleased to enact as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Home Guards Act, 2006.
(2) It extends to the whole of the State.
(3) It shall be deemed to have come into force from the first day of Assuj, 2005.
2. Constitution of Home Guards and appointment of Commandant General and Commandant. - (1) The Government shall, by notification in the Government Gazette, constitute for each District a volunteer body called the Home Guards the members of which shall discharge such function in relation to the protection of persons, the security of property, the public order, the public safety and the maintenance of essential services as may be assigned to them in accordance with the provisions of this Act and rules made thereunder.
(2) The Government shall appoint a Commandant for each of the Home Guards constituted under sub-section (1) and may also appoint Additional, Deputy or Assistant Commandants.
(3) The administration of Home Guards constituted under sub-section (1) for any District, shall, subject to the General superintendence, control and directions of the District Magistrate be vested in the Commandant appointed for each District.
(4) The Government shall also appoint a Commandant General of the Home Guards in whom shall vest the general supervision and control of the Home Guards throughout the State.
(5) The Government may also appoint Additional Commandant General, Joint Commandant General, Divisional Commandant General or Assistant Commandant General.
Explanation. - For the purpose of sub-section (1) the words "essential services" means Motor Transport, Fire Brigade Nursing, First Aid, operation of water and power supply institutions and such other services as may be notified by the Government as being essential to the life of the community.
3. Appointment of members. - (1) Subject to the approval of the Commandant General, the Commandant may appoint as member of the Home Guards such number of persons who are fit and willing to serve, as may from time to time be determined by the Government and may appoint any such person to any office or command in the Home Guard.
(2) Notwithstanding anything contained in sub-section (1) the Commandant General may subject to the approval of the Government appoint any such member to any post under his immediate control.
(3) Subject to any rule made in this behalf, a Home Guard shall be required to serve as such for a period of six years including the period spent in training which period may be extended by the Government to such further period as it may consider necessary and a Home Guard shall thereafter serve in the Reserve Force of Home Guard constituted under section 3-A of the Act for a period of three years.
(4) Notwithstanding anything contained in sub-section (3) the Commandant General or Commandant shall have the authority to discharge any Home Guard at any time subject to such conditions as may be prescribed if in his opinion the services of such Home Guard are no longer required.